By james art Lawyers for former President Donald Trump on Thursday asked a judge to throw out the Jan. 6 case against him, arguing that special counsel Jack Smith was unconstitutionally appointed, according to The Hill.
Smith was not confirmed by the Senate, but was appointed by Attorney General Merrick Garland.
Smith led two investigations into the former president, including a classified documents case that was dropped earlier this year. However, Smith appealed the dismissal.
The request was made to U.S. District Judge Tanya Chutkan in Washington, D.C., and centers around the same argument made in the classified documents case.
Judge Eileen Cannon ruled that no statute gave Garland the authority to give Smith the powers he has as a special attorney, and that the appointment violated the Appointments Clause of the United States Constitution.
Trump’s lawyers argued that Smith was appointed by Garland as a “private individual.”
“The proposed motion establishes that this unfair case was dead on arrival — unconstitutional before it even began,” Trump’s lawyers wrote Thursday. “Everything Smith did after the appointment of Attorney General Garland, while President Trump continued his lead campaign against President Biden and then Vice President Harris, was illegal and unconstitutional.”
Trump is currently facing four charges in the District of Columbia related to his alleged efforts to overturn the results of the 2020 presidential election. He has pleaded not guilty to all charges.
Smith has until Oct. 31 to file a response.
Misty Severy is the evening news reporter for Just The News. You can follow her on X for more coverage.